Premier hits back over Catholic claims about confession consultation

Premier Daniel Andrews has lashed out at the Catholic Church over claims it was not consulted about proposed laws forcing priests to report child abuse disclosed in confessionals.

Illustration: Matt GoldingCredit:

As tensions between church and state deepen, Mr Andrews insisted he met with Melbourne Archbishop Peter Comensoli and discussed the planned laws that would result in priests facing jail time if they refused to tell authorities about admissions of abuse revealed in confessionals.

On Wednesday evening, Archbishop Comensoli said that the Catholic community had "not been afforded the opportunity to view and provide comment on the draft bill prior to its public release", despite commitments made by the Premier last year.

On Thursday morning, Mr Andrews, a practising Catholic, returned serve.

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"I see the Archbishop from time to time. I had a meeting with him some time ago and we discussed this issue," he said.

"He’s completely clear or at least he should be. When I make promises I keep them. That’s not news. It shouldn’t be news to the Archbishop."

Under the mandatory reporting laws introduced into Parliament on Wednesday, priests could be jailed for up to three years for flouting mandatory reporting rules, which currently apply to professions including teachers, medical practitioners and police.

The opposition went to the November election with a similar policy, which is being reviewed along with its entire election-losing platform.

While Opposition Leader Michael O'Brien says he expects everyone, including the church, to obey state laws, he also wants a guarantee that religious freedom won't be compromised.

"Child safety is paramount," Mr O'Brien, who is also Catholic, told reporters at Parliament.

"What I do want to see though, is have the laws that are proposed been drafted in a way which achieves that end and do they not unnecessarily go and infringe on other religious freedoms."

Mr Andrews attacked Mr O'Brien for a "disgraceful" about-turn.

"No religion, no church, no person, no priest, no politician is free to do anything other than put the safety of our kids first," Mr Andrews said.

"This was his policy, for heaven's sake, only a few months ago."

Daniel Andrews on Thursday morning. Credit:Eddie Jim

Archbishop Comensoli says he supports mandatory reporting, but is also prepared to go to jail rather than break the confessional seal.

"Confession is a religious encounter of a deeply personal nature. It deserves confidentiality," he said on Wednesday.

"Confession doesn't place people above the law. Priests should be mandatory reporters, but in a similar way to protections to the lawyer/client relationship and protection for journalists' sources."

Clergy are already subject to mandatory reporting laws in South Australia and the Northern Territory, while Western Australia and Tasmania have announced plans to compel religious leaders to disclose knowledge of abuse.

Melbourne Archbishop Peter Comensoli.Credit:AAP

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Victoria's reforms will also allow survivors of institutional abuse to apply to the Supreme Court to overturn "unfair" compensation settlements previously signed with churches.

The Age has contacted the Catholic Church for comment.

Victorian Nationals leader Peter Walsh promised similar changes to protect children before the November state election. On Thursday Mr Walsh said he remained committed to the principle that priests should have to report abuse disclosed in confessionals but said he wanted to see the government's legislation.

"I'm not automatically supporting the Premier's legislation," he said.

Catholic lay leader Francis Sullivan, the CEO of church's Truth, Justice and Healing Council, said mandatory laws made sense. He said children who discussed abuse in confession were reporting being victims – not sinners – so priests would not be breaking the seal of confessional if they reported it to authorities.